Monarch delays & Compensations. Listed flights denied in O.P.

glentoran99

richardw wrote: »

Will ALC actually go to a court hearing in person for you?

yes, seems so basically i have transferred the debt to them and they will do all they can to enforce it


this is what they sent me

The argument here appears comparatively narrow. This is whether the technical anomaly with the aircraft delivers to Monarch a sustainable derogation to the operable compensation tariff. Monarch appears to contend that the Art 5.3 derogation can be successfully argued. A contrary view would need to be argued, ultimately perhaps before a court of first instance and conceivably to further appellate courts.

glentoran99

blondmark wrote: »

But Centipede100 and Mark2spark are both expert aviation loss consultants and their rate is 0%. It's really not so hard to claim your own consumer rights you know.

Ive gone as far as i can, following their advice, Quoted all the relevant cases etc etc but Monarch are sticking by their stance. I really wouldnt have the knowledge to take this to court myself and risk the expense and a monarch legal team running rings round me, with the chance of not winning.

blondmark

glentoran99 wrote: »

yes, seems so basically i have transferred the debt to them and they will do all they can to enforce it

Hmmm ... Flightmole are running a substantial risk if they're purporting to assign a personal right of action - a short application by the airline's in house counsel will have that dismissed fast enough (Simpson v Norfolk & Norwich University Hospital NHS Trust (2011) summarised at http://www.bevanbrittan.com/articles/Pages/Claimscaseround-up11.11.aspx)

glentoran99

blondmark wrote: »

Hmmm ... Flightmole are running a substantial risk if they're purporting to assign a personal right of action - a short application by the airline's in house counsel will have that dismissed fast enough (Simpson v Norfolk & Norwich University Hospital NHS Trust (2011) summarised at http://www.bevanbrittan.com/articles/Pages/Claimscaseround-up11.11.aspx)

I believe they have been successful in the past for claims denied such as mine so I can only presume they know what they are doing

from your link

however, it was clear that where the Claimant’s principal object was not to obtain a remedy for a legal wrong but rather ‘to pursue an object of a different kind altogether’ (as here, raising awareness of infection control procedures in the Hospital), the assignment would be unlawful.

where as mine would be to provide a remedy for a legal wrong

blondmark

glentoran99 wrote: »

I believe they have been successful in the past for claims denied such as mine so I can only presume they know what they are doing

... or the airline's lawyers don't

blondmark

glentoran99 wrote: »

... where as mine would be to provide a remedy for a legal wrong

OK so try this summary

http://swarb.co.uk/simpson-v-norfolk-norwich-university-hospital-nhs-trust-ca-12-oct-2011-2/

The problem is that this claim is personal to the real claimant, and those kind of claims cannot be assigned as a right of action. It can't be assigned as a debt either because it is fundamentally disputed. But their claim will proceed so long as the airline doesn't make an application to have it dismissed.

glentoran99

blondmark wrote: »

OK so try this summary

http://swarb.co.uk/simpson-v-norfolk-norwich-university-hospital-nhs-trust-ca-12-oct-2011-2/

The problem is that this claim is personal to the real claimant, and those kind of claims cannot be assigned as a right of action. It can't be assigned as a debt either because it is fundamentally disputed. But their claim will proceed so long as the airline doesn't make an application to have it dismissed.

Well im just going to have to trust they know what they are doing, I have no knowledge of the law so im handing it to someone who does. Personal injury could well be different, I have no idea but if I wasnt going down this route it would be the end of the line for my claim

111KAB

glentoran99 wrote: »

...... a monarch legal team running rings round me, with the chance of not winning.

I wouldn't worry too much about this as the Monarch defence to my claim (Court date allocated) has got the wrong facts listed as delaying the flight together with the wrong times. At one stage their EU team stated they had not received my claim form but I then pointed out that I actually delivered these by hand (I was in Luton that day on business) and gave them chapter and verse regarding their receptionist and the person who signed the receipt ~ suddenly they were found!

glentoran99

Certainly will Centipede

Bolly13

Good Luck with Flightmole! Out of interest- did you see if EUclaim would take your case - I put in my details out of curiosity (still waiting on a decision!) and it came back that they wouldn't take it on. I'm just wondering if they know something I don't....
Would be interested to see if Mark's claim WOULD be taken on if he inputted his flight details